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just got an order for child support, i live in indiana and this is for the state of florida. i have an idea based on a support calculator i found on the internet of what i would have to pay. but i'm trying to find out what to expect when i go and do they take into account that i have other kids or any expense outside of my child there when determining the amount
Optional Information: State/Country relating to Question: Florida Already Tried: looked on the internet
The state of FL looks at your income only, and only in extenuating circumstances will they CONSIDER deviation from the guidelines based upon having another family which you have to lawfully provide support to. Thus, in most cases the courts will not consider the fact you are providing for another family or have other expenses in determining your support amount, just your income is considered and not your other obligations unless the court finds them to be extraordinary. I have had courts tell clients to go get multiple jobs if they need to in order to make the support payments and they are seemingly unconcerned about the other obligations of the parent being ordered to pay and this is because the support guidelines make no provisions for those circumstances under the theory that the child should not suffer for the other obligations of the parent.
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so basicly the mother could throw me under the bus with no recourse. so its pretty cut and try. is there anything i shouldn't say or do? should basicly i should just walk in there and shutup and let them hand me my order for payment whatever that may be?
When it comes to child support the courts, as I said, are not very understanding of excuses from the parent who is obligated to pay. You have the option of trying to negotiate with the Custodial Parent for a payment amount that while you may not be happy with, you can afford to make. Other than that, the child support awards by the courts are pretty much set by the statute and your option is to make a case for extreme financial hardship in order to convince the court to deviate from the guidelines, since extreme hardship is the only ground they are authorized under the law to deviate and they would have to be able to justify the deviation in their written order.
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.